NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,572, SLAPCO, INC. dba ST. LOUIS AUTO PARTS CO. and AUTOMOTIVE, PETROLEUM AND ALLIED INDUSTRIES EMPLOYEES UNION, LOCAL 618 aw INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Dec. 12, 1994), National Labor Relations Board, (Dec 12, 1994)

SLAPCO, INC. dba ST. LOUIS AUTO PARTS CO. and AUTOMOTIVE, PETROLEUM AND ALLIED INDUSTRIES EMPLOYEES UNION, LOCAL 618 aw INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 105.Case Nos. 14-CA-22580 and -22592. December 12, 1994 Lawrence W. Cullen, Administrative Law Judge..

Before Gould, Stephens and Browning.

Kathleen C. Fothergill, for General Counsel. Thomas G. Bearden (Bearden, Breckenridge, Mattern & Perdue), St. Louis, Missouri, for Respondent.

Interference--Reprisal for Union Activity--Coercive Antiunion Actions.--In an attempt to destroy its employees’ union support during a period of strike activity and in reprisal for their union activities, an employer committed several unfair labor practices. These coercive unlawful acts included interrogating an applicant for employment regarding his union sympathies, asking him whether he would be willing to cross a picket line during a strike and removing employee picket signs from public property during a strike. Section 8(a)(1).

Back reference: ¶3770.0441.

Doubt of Union Majority--Decertification Petition as Basis--Employee Majority.--Although an employer withdrew recognition from a union and, thereafter, refused to bargain with it, the employer did so lawfully because it had a reasonable doubt that the union continued to represent a majority of unit employees. The employees independently prepared a decertification petition that was signed by a clear majority of bargaining unit employees that rendered the employer’s decision to withdraw union recognition lawful.

Back reference: ¶3044.57.

From Text of Board’s Decision

On June 17, 1994, Administrative Law Judge Lawrence W. Cullen issued the attached decision. The Charging Party filed exceptions and a supporting brief and the Respondent filed an answering brief.

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The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the rulings, findings, [1] and conclusions and to adopt the recommended Order.

The Charging Party has excepted to some of the judge’s credibility findings. The Board’s established policy is not to overrule an administrative law judge’s credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, [19 LC ¶66,308] 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings.

We agree with the judge that the 8(a)(1) interrogation of applicant for employment David Sparks was an isolated incident which did not contribute to the circulation of the decertification petition. There is no evidence that unit employees were aware of this incident. See Choctawhatchee Electric, [1984-85 CCH NLRB ¶17,136] 274 NLRB 595 fn. 2 (1985).

The Charging Party’s exceptions assert that Richard Sigmund is a supervisor. The Charging Party relies on Carla O’Brien’s testimony that “Richard” hired an employee. The Respondent filed a motion to reopen the record to introduce an affidavit to show that the “Richard” to which O’Brien’s testimony refers is not Richard Sigmund. The Charging Party’s exception is, at best, speculation, unsupported by any other evidence in the record. Inasuch as we find the clarification the Respondent seeks unnecessary, we shall deny the motion to reopen the record.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,572, SLAPCO, INC. dba ST. LOUIS AUTO PARTS CO. and AUTOMOTIVE, PETROLEUM AND ALLIED INDUSTRIES EMPLOYEES UNION, LOCAL 618 aw INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Dec. 12, 1994), National Labor Relations Board, (Dec 12, 1994)

SLAPCO, INC. dba ST. LOUIS AUTO PARTS CO. and AUTOMOTIVE, PETROLEUM AND ALLIED INDUSTRIES EMPLOYEES UNION, LOCAL 618 aw INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 105.Case Nos. 14-CA-22580 and -22592. December 12, 1994 Lawrence W. Cullen, Administrative Law Judge..

Before Gould, Stephens and Browning.

Kathleen C. Fothergill, for General Counsel. Thomas G. Bearden (Bearden, Breckenridge, Mattern & Perdue), St. Louis, Missouri, for Respondent.

Back reference: ¶3770.0441.

Back reference: ¶3044.57.

From Text of Board’s Decision

On June 17, 1994, Administrative Law Judge Lawrence W. Cullen issued the attached decision. The Charging Party filed exceptions and a supporting brief and the Respondent filed an answering brief.

* * *

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the rulings, findings, [1] and conclusions and to adopt the recommended Order.

From Text of Board’s Decision

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Footnotes

From Text of Board’s Decision

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Footnotes